Vineet Kothari, J. - (1.) The present Misc. Appeal has been filed by the appellants, who were the claimants before the learned Tribunal in MAC No. 37/1995 (868/1995), against the judgment and award dated 29.08.2000 passed by the learned Motor Accident Claims Tribunal (First), Jodhpur, by which, while allowing the claim application of the claimants, the learned Tribunal awarded a sum of Rs.4,27,000/- towards the compensation to the claimants for the death of Tejveer Singh, 25 years, who was the husband of the appellant No.1, son of the appellants Nos. 2 and 3 and father of the appellant No. 4. This appeal has been preferred by the appellants-claimants seeking enhancement of the amount of compensation awarded by the learned Tribunal.
(2.) The brief facts of the case are that the appellants claimants had filed the claim application aforesaid seeking compensation in the sum of Rs.15,18,480/- for the death of Tejveer Singh with the averments that on 05.07.1994 when Tejveer Singh was going in a slow speed and right side on the Circuit House Road, Jodhpur at around 6:34 p.m., on Circuit House Choraha, the respondent No.1, Tejraj S/o Mishri Lal Kalal, the driver of the offending truck bearing registration number R.J. 14-G-1348, by rash and negligent driving, hit the Moped driven by Tejveer Singh and as a result of this hit, Tejveer Singh fell down and received serious injuries on his head and on the other parts of his body. He was taken to Mahatma Gandhi Hospital where, he was declared dead. It was also averred that the accident in question was caused by the rash and negligent driving of the driver of the offending vehicle in question. It was further averred that the the age of the deceased at the time of accident was 25 years and he was working as Class IV Servant in Indian Air Force and his salary was Rs. 3593/- per month. It was averred that the deceased has family consisting his wife, parents and a minor son and if the deceased had not died, he could have served the Indian Air Force upto the age 55 years. The deceased was working on the post of Corporal. The claimants also averred that the respondent No.1 Tejraj S/o Mishrilal Kalal, the driver, the respondent No.2 M/s Sunil Talwar, the owner and the respondent No.3 National Insurance Company, insurer of the offending vehicle No. R.J. 19-G-1348 were liable for paying the compensation for the death of Tejveer Singh in the accident in question. Thus, a compensation in the sum of Rs.15,81,480/- was claimed by the claimants.
(3.) After filing of the counter to the claim application by the respondents, the Tribunal had framed the points for adjudication of the claim case and after taking the evidence on record and after its appreciation, awarded the compensation only in the sum of Rs.4,27,000/- in favour of the claimants.;